PC 79-111
RESOLUTIO~~ t10. PC79-111
A RESOLUT 1011 Of THE AIJAUE I ~S C ITY PLAI:I11 t!G CO!1'11 S~ I Qtl
TtIAT PETITION FOR CONDITIOtlAL USE PERFIIT N0. 1937 BE GRAHTE~
~ WH[REAS, the Anaheim Gity Planning Commission did receive a verified
Petition for Conditional Use Permit from WIL3UR fl. KLItIE, 2005 La Cueva q-+, Rowland
Hei~hts, Callfornia, 917~i~', rn~mer and TO~t TULKER, Y,LINGE L ASSOCIATES, 161E~3 Eeach
Boulevard ,`'il~, Hunting[on Deach, Californta ~12G47, a9ent, of certain real property
situaLeJ in thc City of Anahcim, County of ~6ngc, Statc of California, described as:
. Lot 104 of Tract t~o. 1697, City of Anafiein, as per Map recorded in
Book 5A, Pa9es ti;, k~+ and 45 0` Miscellaneous Maps, in the Office
of the County Recorder of said County.
WIIEREAS, the Ci[y Pla~ting Lonmission did hold a public hearin9 at the City
Hall in [he City of Anaheim on June ~~, 1~7~, ~t 1:3~ p.m., notice of sald public
hearin9 having been duly given as required'' by lati•~ and in accordance with the
provisfons of the Anaheim !tunicipal Lode, Cfiapter iS,03, to hear and consider
evidence for and against said proposed condi[ional use ancl [o investigate and nake
findings and recommendations i~ connection therewith; and
WHEREAS, said Corumission, after due inspection, invcstigat(on and study made
by itsclf and in its behalf, and aftcr duc considcraCion of ~11 cvldcnce and reports
offcred at said hcariny, docs find and dctcrminc thc follor~ing facts:
1. That the proposed use is properly one for which a conditional use
permit ts authorized by Anaheim Municipal Lode Section 1c~.D3.~30.010 to wit: to
permit office uses i~ a residential structure ~~ith waivers of:
(a) SELTIOiI 1E.~6.06Q.0212 - Hinimum nunber of arkin spaces
spaces required;
7 spaces proposed)
(b) SECTIOtI 18.26.063.~1~ - Htnimum landsca ed front setback.
25 eet required alon9 State College
Boulevard; none proposed)
2. That thc requested :,~aiver (a) is hP~eby granted on the basis of the
size and shape of the property and on the basis that [he structure is existing on
residentially-zoned porperty adjacent to a small commercial shopping center and the
requested waiver, consisting of one parF:ing space, is minimal.
3. Tliat the requested waiver (b) is hereby granted on [he basis of the
unusual shape of the properiy which has a mfnimum depth of 40 feet; and subject to
[hc petitioner's stipulation at the public hearing to provide 2-1/2 feet of
landscaping ~~herever possibic along the State Cotlege Doulevard frontage and also to
landscape the 3-foot wlde dedication for the ultimate right-of-way along State
Callege ~oulevard southerly of the proposed 25-foot wide drivc~iay.
PC79-111
4. That thc proposed use r~tll not adversely affect [he adJoinin9 land uses
and the yrowth and development of [he area in which it is proposed to be located.
5. That the size and shape of Che sitc proposed for thc use is adequatc to
atlorr the full devclopment of the proposed use in a manncr not de~rimental to the
particular area nor to the peace, health, safety, and general wclfarc of thc Citizens
of the City of Anahelm. '
6. That the granting of the Conditional Use Pernit under the condttions
imposed, if any, will not be detrimental to Che pcace, hcalth, safety and general
welfare of the Citizens af the Lity of Anaheim.
7. That the traffic generated by the proposed use will not impose an u~due
burden upon the stree[s and hi9hways designed and imptbved to carry the traffic in
thc area.
8. That one person indicated their presence at sald public hearing in
oppositlon; and tha[ no correspondence was recefved ir opposition [o the subject
petition.
EtiVIRONMEi~TAL IMPACT FltlDING: That the Anaheim C(ty Planning Commisston has
reviewed the proposal to perm(t o ice uses in a converied residential structure with
waivers of minimum number of parking spaces and ninimun tandscaped front seiback on
an irregularly-shaped parcel of tand consisting of approximately 9275 square feet
located a[ ohe northwest corner of Lhelsea Drive and State Lollece 6oulevard. having
approximaCe frontages of ~0 feet on the north side of Chelsea Drive and 14Q feet an
the west side of State Lollege Boulevard; and does hcreby approve [hr. Negative
Oeclaratton from ttie requirement to prepare an environmental impact report on the
basis that there would be no significant individual or cunulative adverse
environmen[al impact due to the approval of this Gegative Deciaratton sTnce the
Anaheim General Plan designates the subject property for general comnercial land uses
commensurate ~~iih the proposat; that no sensitive environmental lnpacts are involved
in the proposal; that the Initlal Study submitted by the pettttoner indicates no
significant individuat or cunula[ive adverse environmental fnpacts; and [hat the
Negative Declaration substanttating the foregoing findings is on flle In the Ci[y of
Anahcln Planning Qepartncr,t.
NOU, TNEP.EFORE. SE IT RESOLVED that thc Anahcim City Planning Commission
docs hereby grani subject Petition for Condi[tonal Use Permlt, upon the folloriing
conditions which are hereby found [o be a necessary prerequisite to the pr~p~sed use
of the subject property in order to preserve the safety and general weifare of thc
Citiz~ns of the Ci[y of Anaheim:
1. That the owner(s) of subject property shall deed to the Gity of Anaheim
a s? ~ of land 53 feet in width from the centerline of the street along State
College Boulevard including a 15-foot proper[y line return for street widening
purposes.
2. That the owner(s) of subject property shall pay to the Ctty of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
State College Boulevard.
-2- PC79-111
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3. That the owner(s) of subJect propcrty sheli pay to thc Ctty of Anaheim
a fee. in an amount as determined by the City Council~ for tree plan[ing purposes
along State College Boulevard.
4. Tnat trash storage areas shall be provided in accordance with approved
plans on file with the office of the Director of PublTc Works~ provided that no trash
enclosure shall be located within 15 fee[ of the west property line.
5. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an ~mount as determined by the City Council,
for commercial buitdings prior to the issuance of a bufldtng permit.
6. That a 6-foo[ high masonry ~.ail shall be constructed along the west and
northwesi property lines abuttfng the RS-7200 zonin9.
7. 7hat the proposed offices shali comply with all sign(ng r•equirements of
Code Section No. 18.05.065 pertaining to cornnercial signi~g fur residential
Gtructures.
8. That subJect property shall be developed substa~tially in accordance
with plans and specifications on file r~ith the City of Anahein marked Exhibii tJos. 1
and 2.
9. That Londition Nos. 1, 2 and 3. abovc mentioned, shall be complie~ with
p.-tor to the commencemen[ of the activity authorized under tliis resolution, or prior
to thc cimc thai thc building pcrr+it is issued, or within a period of one year fran
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
10. That Condition Nos. 4~ 6 and 8. above mentioned~ shall be complied wlth
prior to fi~al building and zoning inspections.
BE IT FURTIIER P.ESOLVED that the Anaheim City Pla~ning Commiss=on does hereby
find and determine that adoption of this Resolution is expressly •predicated upon
applicant's compiiance with each and all of the conditions hereinabove set forth.
Should any such condiLion, or any pari Lhereof, 5r declar^d tnva)id or unenforceable
by the final judgment of any court of competen[ jurisdiction, then this Resalution~
and any approvals hercin contained, shall be deemed null and void.
THE FOREGOI~~G RESOLUTIOPI is signed and approved by mc this 4th day of June,
1979•
r
HAi , AN H H ITY NING COPIMISSlON
ATTEST:
~~ ~ ~~
SECRETARY, ANAHEIM CITY PLANNIt~G COMHISSION
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f
STATE OF CAL f FORtI l A;
COUNTY Of ORAPIGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris. Secretary of the Anaheim City Planning CommTssion, do
hereby certify that the foregoing resolution was passed and adopted at a meeCing of
the Anahetm City Planning Commission held on June 4, 1979, by the folloa~ing vote of
the members [hereof:
AYES: COM1115SIONERS: BARtJES, DUSHORE~ DAVID, HERBST. JOHtISON, KltlG, TOLAR
NOES: C0;1t115SI0~~ER5: NOFIE
ABSENT: COMMISSIONERS: NONE
It! WIT~~ESS WHEREOF, I have hercunto set my hand this 4th day of June, 1979•
~~. ,~ ~ta.,,~.~~
SECRETRP,Y, ANAHE I Ft C I TY PLA~UI I Nf COMM I SS I Otl
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-4- PC79-1t1